Florida/Georgia Personal Injury & Workers Compensation

...such vacancies in the office of circuit judge shall not extend beyond, but shall expire at midnight January 2, 1961. The defendants, appellants, contend that under the provisions of Sections 6 and 7, Article XVIII, Florida Constitution, and Sections 114.01 and 114.04, Florida Statutes, F.S.A., any such appointments and commissions issued pursuant thereto should extend to the first Tuesday after the first Monday in January 1963, i.e....

...If there be any doubt that such was the intent of the people in adopting Section 6, Article XVIII, that doubt was dispelled completely and clearly by the legislature through the adoption of ch. 114, F.S.A. This chapter of the statutes does two things pertinent here. First, in Section 114.01 it prescribes the cases in which offices shall be deemed vacant. Second, in Section 114.04 it prescribes the mode of filling all offices which shall have fallen vacant. The pertinent sections of this chapter, Sections 114.01 and 114.04, were adopted in 1868 (ch....

...They were no doubt adopted in satisfaction of the contemplation of Section 7, Article IV, that the legislature would "prescribe causes of vacancies in office and provide for filling such vacancies." State ex rel. Landis v. Bird, 163 So. at page 263, supra. Section 114.01 reads in part: "Every office shall be deemed vacant in the following cases: * * * * * * "(6) When any office created or continued by the constitution or laws shall not have been filled by election or appointment under the constitution or law creating or continuing such office. * * *." The newly created offices of circuit judge fall within the provisions of Section 114.01(6) above quoted....

...It matters not that the method of "qualification" of the successor was then by appointment of the governor and confirmation by the senate and is now by election of the people. The *860 requirement is the same and only the mode of qualification of the successor is different. Section 114.01, F.S.A., which prescribes the cases in which offices shall be deemed vacant, has not been amended since the Bird decision....

...e vacant until a successor is elected and qualified. The executive power of appointment cannot be exercised to fill an elective office unless the office be deemed vacant under the law. The offices here involved are now vacant under the provisions of Section 114.01(6), F.S.A....

...Constitution or by the laws of the State for filling such vacancy" the Governor fills the vacancy for "the unexpired term." We must then undertake to ascertain whether any "mode is provided" by the Constitution or laws of the State. This leads us to Section 114.01(6), Florida Statutes, F.S.A., which provides that when an office is created and has not been filled it is vacant....

jure officer is not material to this suit. Section 114.01, Florida Statutes 1941, defines the conditions

...The 1885 Constitution in Art. IV, § 7, authorized the Governor to fill a vacancy "[W]hen any office, from any cause, shall become vacant... ." Now, however, the current 1968 constitutional provision controls and also takes precedence over statutes such as Fla. Stat. § 114.01 providing that an office shall be "deemed vacant" in cases there enumerated, one being "resignation." The provisions of Ch....

...nterpart in prior constitutions. Art. X, § 3, Fla. Const. By statute, resignation had long been declared a means of creating a vacancy in office. See, e.g., Ch. 1633, § 1, Laws of Fla. (1868); Ch. II, art. III, § 461, Comp. Gen. Laws Ann. (1927); § 114.01(2), Fla....

...[b]y [the incumbent's] resignation."). In 1977, the legislature amended the vacancy-by-resignation statute to state that a vacancy occurs only after the resignation has been accepted by the governor. Ch. 77-235, section 1, Laws of Florida, appearing as section 114.01(1)(d), Florida Statutes (1977)....

...age — whatever it may mean — was unnecessary to the issue in the case and is unavailing as precedent. The American view of the Constitution requires that we examine the 1977 statute purporting to place an acceptance limitation on all resignations. § 114.01(1)(d), Fla....

...rnmental duties will not be performed or the rights of creditors will be adversely affected, neither of which pertains here. In sum, we hold that article X, section 3, adopts the "American view" of resignations and that the acceptance requirement of section 114.01(1)(d), Florida Statutes (1977), pertains only to those rare, dire situations contemplated by Edwards v....

...gible and controllable ballots for the voters' choices." 302 So.2d at 133. Finally, the two statutes here at issue serve to protect the right of privacy for the individual who does not desire to be a candidate. That right is partially embodied *4 in Section 114.01, Florida Statutes, which recognizes the right of a person elected to public office to refuse acceptance of the office....

require cooking facilities. (Id. (quoting City Code § 114-1)). The City Code permits transient rentals for

require cooking facilities. (Id. (quoting City Code § 114-1)). The City Code permits transient rentals for

...n in Art. IV, § 7, authorized the Governor to fill a vacancy "(W)hen any office, from any cause, shall become vacant. . . ." Now, however, the current 1968 constitutional provision controls and also takes precedence over statutes such as Fla. Stat. § 114.01 providing that an office shall be "deemed vacant" in cases there enumerated, one being "resignation." ....

...aneously with the date the judge's term of office was to begin. This Court concluded that the eligibility requirements "refer to eligibility at the time of assuming office not at the time of qualification or election to office." Id. at 759. However, section 114.01, Florida Statutes (1965), stated that a candidate had sixty days after election or appointment to qualify for the office....

...ive office if less than twenty-eight months, otherwise until the first Tuesday after the first Monday following the next general election." (Underscoring supplied) By statute, the Legislature has defined when an office is deemed vacant, as follows: "114.01 Office deemed vacant in certain cases — Every office shall be deemed vacant in the following cases: (1) By the death of the incumbent....

...ted unto him by Article IV, Section 7, is superseded by the Home Rule Charter provision." Sub judice, we have a different situation in that we do not have a vacancy in office created by resignation or created by any of the circumstances specified by Section 114.01, Florida Statutes....

...an officer for the period of suspension is a separate and distinct provision from Article IV, Section 1(f), which deals with the Governor's power of appointment when a vacancy occurs in a state or county office. An office is not deemed vacant under Section 114.01 upon charge of commission of felony but rather is deemed vacant upon "conviction of the incumbent of any felony, or an offense involving a violation of his official oath." This Court explicitly stated in In re Advisory Opinion to the Governor, 75 Fla....

...fill that office by appointment during the period of suspension. There is a vast difference between appointing for the period of suspension, *702 which is temporary in nature, and appointing to fill a "vacancy" when such occurs under Florida Statute 114.01 or Section 3, Article X, Constitution of Florida (1968)....

...for five years in order to qualify for the position. The candidate elected had been a member of the Florida Bar for just under four years on election day. The court determined that the constitutional amendment applied to the candidate. At that time, section 114.01 then provided that "(e)very office shall be deemed vacant ......

election, the said office shall become vacant.” Section 114.01(10), F.S., F.S.A., is to like effect. In State

Statutes 1941, relating to Special Elections, or Section 114.01, et seq., Florida Statutes 1941, relating to

method of filling certain vacancies in office. Section 114.01, Florida Statutes, F.S.A., reads in part: “Every

specifically rejected the argument there that section 114.01(1)(d), Florida Statutes (1977)-which required

of the Court of Crimes became vacant under Section 114.01, Florida Statutes 1955, and F.S.A., making

thirty days from the commencement of the term. Section 114.01(1), F.S., provides as follows: (1) A vacancy

facts develop proving actual death whereby Section 114.01(1) F.S. [F.S.A.] becomes operative. I am advised

alia, upon the resignation of the incumbent. Section 114.01(2), F.S., is to like effect, deeming an office

defined and described by Subsection (6) of Section 114.01 in the following terms: “When any office created

criminal responsibility of the officer.” See also Section 114.01(7), Florida Statutes, 1967, which provides

county where the crime was committed * * *; ’ “Section 114.01, Florida Statutes [F.S.A.], provides, in part

or law creating or continuing such office. [Section 114.01(6), F. S.] Because s. 112.321(1), F. S., as

Article X of the Florida Constitution nor section 114.01(1), Florida Statutes, includes the expiration

office * * *’ Similar language may be found in Section 114.01 (6), Florida Statutes [F.S.A.]. “On November

Governor may appoint someone to fill the vacancy. See § 114.01, Fla. Stat. (2001). The Third District’s decision

section 4(a) of the Florida Constitution and section 114.01(2) of the Florida Statutes on the asserted

days after his election as authorized by F.S. Section 114.01(5), F.S.A., but at the expiration of that sixty-day

the unexpired term.” Section 461, C.G.L., now Section 114.01 Florida Statutes 1941, defines vacancies in

84-21, which concluded that a 1977 amendment to section 114.01, Florida Statutes (1975), required that vacancies